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(영문) 서울중앙지방법원 2016.04.01 2015가합27571
대여금
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) Law Firm C (hereinafter “C”)

(2) The Plaintiff, from October 24, 1990 to July 12, 2004, was appointed as a representative attorney-at-law from February 25, 2009, and was appointed as a liquidator on June 30, 2009, by a resolution of dissolution at a partners’ meeting on July 30, 2009.

3) The Defendant served as a member attorney-at-law from May 28, 1999 to September 30, 200, and served as a representative attorney-at-law from March 2, 2006 to February 25, 2009. From March 13, 2009, the Defendant opened and operates a private legal office with the trade name “D”. B. 1) On December 11, 2000, the Plaintiff offered the Plaintiff’s assurance of the Plaintiff’s own home, and received KRW 500 million from Han Bank (hereinafter collectively referred to as “this case’s home”) on the same day, and completed the registration of establishment of a mortgage over the maximum debt amount of KRW 600 million (hereinafter referred to as “D”).

2) On October 9, 2006, the Plaintiff and the Defendant agreed to jointly and severally liable with C by December 31, 2006, the Plaintiff’s letter of undertaking containing the content that “the time for the repayment of the right to collateral security, which was secured by the instant home, shall be extended by two years until December 31, 2008” (hereinafter “certificate of Non-Party 9”).

3) The Plaintiff sold the instant home to F on April 7, 2008 and completed the ownership transfer registration on June 10, 2008. The registration of the establishment of the instant home was cancelled on the grounds of termination of the mortgage contract on June 10, 2008.

4. On December 16, 2008, the Plaintiff paid KRW 10 million to the Defendant on December 16, 2008.

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